The year 2017 brought some new rules related to the migration process. Among them, Normative Resolution (RN) No. 04 was published, which presented some news about the residence permit for technology transfer in Brazil. Your devices have modified some procedures to comply with the current Migration Act.
In order to obtain a residence permit in the country, the migrant must meet the requirements of the model in which he is framed. As in other modalities, the residence permit for technology transfer has specific rules, which must be followed so that the applicant has a favorable result.
We prepared this article to clarify the main points about this modality. Check this out!
What is technology transfer?
It’s about providing technology from one company to another. Thus, the transfer of technology results from the permission of use that the developer company gives to another organization installed in another country. The main objective of this transfer is to raise the technological and competitive level of companies, taking advantage of the application of the science already developed.
How does the residence permit based on technology transfer work?
This type is granted to migrants who come to reside in the country, without an employment relationship, to provide technology transfer services, derived from a contract, agreement or agreement, established between a foreign and Brazilian company.
This modality is provided for in art. 38, § 2, item III of Decree No. 9,199/2017, which regulated the Migration Law, as set out below.
Art. 38 — A temporary work visa may be granted to an immigrant who comes to work with or without an employment relationship in the country.
- 2 – The temporary visa for work without an employment relationship will be granted through proof of a job offer in the country, in the case of the following activities:
III — provision of technical assistance or technology transfer services.
Who can apply?
If the interested party is abroad, the request can be made by the company in Brazil that is interested in the migrant’s arrival. In this case, it is a request for “prior residence”. In the event that the interested party is in national territory, the request can be made by both the migrant and the company. In this case, it is an application for “local residence”.
Regarding legal entities that are authorized to make this request, art. 4 of RN No. 04 provides an express determination on this:
Art. 4.º — It is competent to apply for a residence permit provided for in the caput of art. 1 the legal entity, which:
I — is the recipient of technology transfer services;
II – is a member of the same economic group as the foreign company employing the immigrant that performs the provision of services, simultaneously, to several companies receiving technology transfer services in Brazil; or
III — is an intermediary for the foreign company that employs the immigrant, due to a contract with an express clause of exclusivity in Brazilian territory.
What documents are needed?
For the application for a residence permit to work to be analyzed, it is important to correctly follow the procedures and present the mandatory documents, expressed in art. 2 of RN No. 04, which are:
- copy of the contract, cooperation agreement or agreement signed;
- statement by the Brazilian company with the identification of the parties and information on the existing associative link, in the case of technical cooperation between companies of the same group;
- training plan, containing the professional qualification of the migrant, the scope of the training, the form of execution, the number of Brazilians who will receive training, the place of execution, the target companies, the duration and the expected results;
- corporate document of the Brazilian legal company, as well as the National Register of Legal Entities — CNPJ;
- immigrant’s valid travel document.
In addition to RN 04/2017, it is necessary to present the list of documents included in RN 01/2017. In order not to fail to present any mandatory information, it is important to count on the support of an advisor in this regard.
Where to make the request?
The application must be made electronically, through the “Immigration Management and Control System” (MigranteWeb). It is worth mentioning that, recently, some changes were promoted, and the National Immigration Council, the sector responsible for labor immigration policies, became part of the Ministry of Justice and Public Security and is no longer part of the Ministry of Labor.
What is the residency period?
According to §4 of art. 2 of RN 04/2017, the period of residence of the migrant holder of the temporary visa in this modality will be up to 01 (one) year, as shown below:
- 4. – The period of residence of the immigrant holder of the temporary visa referred to in art. 1st will be for up to 01 (one) year.
Article 3 of RN 04 provides for the possibility of renewing this authorization:
Art. 3rd — A new residence permit may be granted to the immigrant, subject to the maximum period established in art. 2, upon detailed justification from the applicant company regarding the need to continue providing services without an employment relationship.
After this period, if the company is interested in keeping the provider, it must hire him/her following the labor standards, as provided in the sole paragraph of the same article:
Single paragraph. If the applicant company is interested in continuing to provide the immigrant’s service, it must promote its hiring in accordance with Brazilian labor legislation.
What are your quirks?
RN No. 04 provides for some peculiar situations regarding authorization for technology transfer, such as:
- need to inform the Ministry of Justice and Public Security about the place where the service is provided – if there is any change in this regard, it is necessary to inform the body of any changes;
- if the provision of services conforms to the Brazilian labor legislation, the residence permit may be denied or cancelled;
- the contract, agreement or agreement must be specific, indicating the contracted object, the value, the term and other contracting conditions.
What is the importance of having an advisor in this process?
In the authorization processes, many documents are requested. In addition, it is necessary to follow some specific procedures and pay attention to Brazilian standards for each case. Therefore, it is important to hire a specialized advice to avoid complications with immigration.
In this sense, BR-Visa is an excellent choice. It operates in all phases of the migration process and provides services related to documents and visas that are necessary for the migrant to enter and stay legally in the country.
In addition, the company has a multilingual team of professionals with great experience and competence to conduct the processes with agility and dedication.
The residence permit for technology transfer is one of the modalities available to migrants who wish to settle in Brazil for work purposes. To optimize this process, a specific resolution was published on this modality, which helped to better define the target audience and stipulate clearer rules on the subject.
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